Didier TRUCHET - Professor (université Paris 2 Panthéon-Assas)
Olivier DORD - Professor (université Paris X)
Marie-Laure MOQUET-ANGER - Professor
Jacques CHEVALLIER - Professor (université Paris 2 Panthéon-Assas)
Benoît LECLERCQ - Adviser
This research consists in a study about the most appropriate status for civils servants and more generally, people who work for public utilities. It appears that it is a twofold question: first, it might be possible that every worker could have the same status created by a contract or an administrative decision. Secondly, an other system could be enacted, the coexistence of a special status for some of them, and a contract for the others. If this second option is chosen, the question is which kind of harmonisation between the status and the contract. The aim of this thesis is to answer to these questions. The first part is an analysis of the conditions of the work of the people who are linked by the public administration with a contract. They are called contractuels. The notion and its regime are analysed (especially, the condition of the recruitment and the career of these workers). The second part of the thesis consists in a larger study. Because of the logic of competition and performance, and under the influence of Europe, public utilities have changed. Their missions are different. So the status of the people who work for these services has changed too. This new status is a mix of contract and traditional administrative rule. A new kind of management and a new public law appear. The differences between civils servants are less and less important and, in the same way, their similarities with workers from the private sector are more important. So, is it necessary for the public service to have a specific law for its workers? The answer is positive, but to legitimate the differences with the private sector, they have to be linked with the special sujetions of public action